Consent to sue a foreign State requires clear reasons and a fair hearing; vague political grounds are not enough.

Consent to sue a foreign State under Section 86 CPC must be exercised on relevant material and supported by clear, intelligible reasons. A refusal stated only on vague political grounds is insufficient unless the decision discloses objective consideration of the relevant factors. The affected party is also entitled to a fair hearing before the decision is taken. The refusal order was quashed and the matter was remitted for fresh decision in accordance with law after hearing the petitioners.

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Issues: Whether the Central Government's refusal of consent to sue a foreign State under Section 86 of the Code of Civil Procedure, on the stated ground of political grounds, could be sustained without clear and intelligible reasons and fresh consideration after hearing the affected party.

Analysis: Consent under Section 86 is controlled by statutory conditions and must be exercised on relevant material. Where the refusal is couched in vague terms such as political grounds, the decision must disclose reasons that can be understood and tested. The affected party is entitled to a fair hearing, and the administrative decision must reflect objective consideration of relevant factors.

Conclusion: The refusal order could not be sustained. The impugned communication was quashed and the matter was remitted for fresh decision in accordance with law after giving the petitioners an opportunity of being heard.

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